Dickson v Gill [2008] ACTSC 39 (15 April 2008)

Last Updated: 28 July 2008

BRENDAN DICKSON v RICK GILL

[2008] ACTSC 39 (15 April 2008)

EX TEMPORE JUDGMENT

ON APPEAL FROM THE MAGISTRATES COURT

No. SCA 20 of 2008

Judge: Higgins CJ

Supreme Court of the ACT

Date: 15 April 2008

IN THE SUPREME COURT OF THE )

) No. SCA 20 of 2008

AUSTRALIAN CAPITAL TERRITORY )

ON APPEAL FROM THE MAGISTRATES COURT

BETWEEN: BRENDAN DICKSON

Appellant

AND: RICK GILL

Respondent

ORDER

Judge: Higgins CJ

Date: 15 April 2008

Place: Canberra

THE COURT ORDERS THAT:

1. The appeal against sentence is upheld.

2. The convictions imposed upon the appellant are confirmed. The appellant is re-sentenced as follows: in relation to CC06/7979, CC07/1135 and CC07/4865, the sentences are reimposed, but made concurrent; in relation to CC07/10167, CC07/11742 and CC07/11743, the sentences are confirmed and made concurrent with each other but cumulative upon the previous sentence; in relation to CC07/12410, CC08/702, CC08/703, CC07/1094, CC08/1293 and CC08/1294, the sentences are confirmed and made concurrent with each other, but cumulative upon the previous sentences. Those sentences are to date from 31 December 2007. The balance of the sentence is suspended from today upon Mr Dickson entering into a good behaviour order.

1. As I have already indicated, and I think has been conceded, in effect, by Mr Sahu Khan, the appellant does need to be re-sentenced. There is no significant issue with any of the individual sentences. The question is whether they should have been accumulated the way they were, and whether essentially that was an error, and whether there should have been substantial accumulation.

2. Ordinarily it would be inappropriate to accumulate fully more than three sentences, but in this case there does need to be substantial accumulation of a number of the sentences and I propose to re-sentence Mr Dickson in the following manner.

3. First of all, I confirm the convictions which have been imposed upon the appellant.

4. In respect of the first three offences, possess a knife (CC06/7979), fail to appear (CC07/1135) and minor theft (CC07/4865) for which the appellant was sentenced to three months, three months and one months' imprisonment respectively, I reimpose those sentences but make them all concurrent.

5. In respect of the next group of fails to appear, CC07/10167, CC07/11742, CC07/11743, for which the appellant was sentenced to three months, one month and one months' imprisonment respectively, I confirm those sentences. They will be concurrent with each other, but cumulative upon the sentence already imposed of three months' imprisonment.

6. There then follows a series of minor thefts, CC07/12410, CC08/702, CC08/703, CC07/1094, CC08/1293 and CC08/1294, in respect of which the appellant was sentenced to one months' imprisonment in respect of the first three offences, and then three months' imprisonment, two months and two months respectively. I confirm those sentences and make them all concurrent with each other, but cumulative upon the sentences already imposed on the previous two groups of sentences, making a total of nine months' imprisonment.

7. Those sentences date from 31 December 2007.

8. Having regard to the information from Canberra Recovery Services, the remainder of the sentence, the balance of the sentence, will be suspended as from today upon Mr Dickson entering into a good behaviour order with the following conditions.

9. First of all, the key conditions are that Mr Dickson be of good behaviour for two years. The good behaviour bond will be in the sum of $1000.

10. It is a further condition of that order that Mr Dickson submit himself during the period of that order, that is, for a period of two years from today, to the supervision of the Chief Executive of Corrective Services and obey the reasonable directions of the chief executive or any person or persons the chief executive may appoint from time to time for a purpose; that Mr Dickson be released only into the custody of a person representing the Bridge Program, Canberra Recovery Services; that Mr Dickson attend upon and then complete the program that Canberra Recovery Services referred to in the letter from Mr Graham Tooth, and not absent himself from that service without the permission of the court or of the Canberra Recovery Services.

11. Mr Dickson is to obey all reasonable directions in the course of that rehabilitation program. Otherwise, Corrective Services may assess him and require him to participate in and complete any other educational or therapeutic interventions deemed appropriate, in particular those related to the consumption of alcohol or illicit substances. Mr Dickson is to undertake urinalysis as and when required.

12. Mr Dickson is required to attend upon the William Booth Centre, Canberra Recovery Services, at or before 5 pm today. Upon entering into that good behaviour order, Mr Dickson is to report forthwith to Corrective Services for the purpose of arranging ongoing supervision.

Note: On 16 April 2008, Mr Dickson informed the Court of his non attendance at the Canberra Recovery Services on 15 April 2008 due to becoming aware of the presence at that Service of a person who allegedly sexually assaulted his partner, and with whom Mr Dickson has had problems in the past. His Honour varied Mr Dickson's good behaviour order as follows:

13. I direct the variation of the good behaviour order so as to delete the requirements to "attend upon and complete the rehabilitation program of Canberra Recovery Services" and "not to absent himself from that program without the permission of the ACT Supreme Court or Canberra Recovery Services" and to "obey all reasonable directions during the course of that rehabilitation program", and substitute for that "to empower Corrective Services in the course of supervision to require Mr Dickson to participate and complete any rehabilitation program, as well as any other educational, therapeutic inventions, and in particular in relation to the consumption of alcohol and drugs", "to undertake urinalysis as and when required", and "until a place in a rehabilitation institution is arranged for Mr Dickson, he is to report daily to Woden Police Station between the hours of 8 am and 10 pm".

14. Those are the conditions in the interim, Mr Dickson, but I also direct the matter be listed before me at 9.30am on 22 April 2008. I request a report from Mr Dickson's probation officer at that time concerning his compliance with supervision and also, and more importantly, arrangements for attendance at a rehabilitation program that is deemed suitable. Mr Dickson's attendance is excused on that date if he is already at a rehabilitation facility.

I certify that the preceding fourteen (14) numbered paragraphs are a true copy of the Reasons for Judgment herein of his Honour, Chief Justice Higgins.

Associate:

Date: 15 April 2008

Counsel for the appellant: Self Represented

Solicitor for the appellant: Self Represented

Counsel for the respondent: Mr D Sahu Khan

Solicitor for the respondent: ACT Director of Public Prosecutions

Date of hearing: 15 April 2008

Date of judgment: 15 April 2008